Chief Judge Smith announced that he will be stepping down as Chief Judge. He will shortly reach age 70, the age limit for serving as Chief Judge of the Third Circuit Court of Appeals. Judge Smith did not say exactly ...
Donald J. Trump for President, Inc. v. Secretary, Commonwealth of Pennsylvania, ___ Fed. Appx. ___ (3d Cir. 2020). This blog does not often cover non-precedential decisions of appellate courts. But today’s opinion by Judge Bibas (a Trump appointee), in which ...
At this time of the year, our Supreme Court and Appellate Division go relatively quiet. But the Third Circuit often reaches a peak. Today, for example, that court issued five published opinions. Here are summaries: Association of New Jersey Rifle ...
United States v. Reese, 917 F.3d 177 (3d Cir. 2019). The Third Circuit issued this opinion today. As Judge Ambro’s opinion for the unanimous panel stated at the very beginning, “This is one of the rare cases in which the ...
SLUSA Does Not Bar Investors’ Claims That Broker Overcharged Them to Execute Securities Transactions
Taksir v. The Vanguard Group, 903 F.3d 95 (3d Cir. 2018). As relevant to this appeal, the Securities Litigation Uniform Standards Act of 1998, 15 U.S.C. §78bb (“SLUSA”), states that “[n]o covered class action based upon the statutory or common ...
This time of the year there are slim pickings in terms of published opinions of the Supreme Court of New Jersey or the Appellate Division. Even unpublished Appellate Division opinions slow to a trickle. And, of course, the Supreme Court ...
Due to travel over most of the past two weeks (and getting “back in the game” once having returned), there have been no posts here. But the courts have been active during that time. Here, in brief, are some of ...
Cottrell v. Alcon Laboratories, 874 F.3d 154 (3d Cir. 2017). Eye drops can be helpful to many people, but putting drops in one’s eyes is unpleasant at many levels. One of those levels– that prescription eye drop medication is delivered ...
When Are Federal and State Court Cases “Parallel Proceedings” for Declaratory Judgment Act Purposes?
Kelly v. Maxum Specialty Ins. Group, 868 F.3d 274 (3d Cir. 2017). Judge Chagares began one of the early paragraphs of today’s opinion for the Third Circuit in this Declaratory Judgment Act, 28 U.S.C. §2201-2202 (“DJA”), case this way: “Whether a ...
Raab v. City of Ocean City, 833 F.3d 286 (3d Cir. 2016). In this case under the Civil Rights Act, 42 U.S.C. §1983, both plaintiff and the defendant municipality claimed to be the “prevailing party” and therefore sought an award ...